Tooth Teller, LLC
Terms of Use

Effective Date: As of July 1, 2025
Latest Revision Date: N/A

These Terms of Use (“Agreement”) is a binding, contract between Tooth Teller, LLC, and our affiliates and subsidiaries (collectively “Tooth Teller,” “us,” “our,” or “we”) and website visitors and health care providers and the health care providers’ authorized workforce, including agency and contract personnel, under the health care provider’s direct control (collectively “your” or “you”) under which you may use our website and online services (collectively, the “Online Services”). This Agreement applies solely to your use of our Online Services, including all enhancements, versions, and modifications.

CONDITIONS OF USE

As a condition of your use of the Online Services, you represent and warrant: you are at least the age of legal majority where you live (which is currently eighteen (18) years old in most states), an emancipated minor under state law, or you are at least thirteen (13) years old and have the permission of your parent or guardian who must agree to this Agreement on your behalf.

If you have agreed to allow your unemancipated minor child or a minor child for whom you are legal guardian aged thirteen (13) or over to access the Online Services, you agree that you shall be solely responsible for: (a) the conduct of such minor; (b) monitoring such minor’s access to and use of the Online Services; and (c) the consequences of any use of the Online Services by such minor.

By downloading, accessing, or using the Online Services, you are indicating your: (i) acceptance of, and agreement to be legally bound by, all of the terms and conditions of this Agreement; and (ii) consent to the installation of any software including, but not limited to, scripts, browser plugins, applets, and mobile applications as part of the Online Services on your computer or mobile device.

MODIFICATION OF AGREEMENT

Tooth Teller reserves the right, in its sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we modify the Agreement, we will post the changes to the Agreement and will indicate the date this Agreement was last revised. Your continued use of the Online Services after any such changes constitutes your acceptance of, and agreement to be legally bound by, this Agreement, as revised. It is your sole responsibility to regularly check the Agreement to determine if there have been any changes to the Agreement and to review such changes.

PROVIDER OF ONLINE SERVICES

You acknowledge that some or all of the Online Services may be provided by one or more service providers (individually and/or collectively “Service Provider”), where any Service Provider is a third party to this Agreement. This Agreement is between you and Tooth Teller, not Service Provider.

To use the Online Services, you may also be required to agree to be bound by terms and conditions specified by the Service Provider. You represent and warrant to Tooth Teller that, as a condition of using the Online Services, you will abide by any required terms and conditions specified by the Service Provider.

In addition to other disclaimers and exclusions contained in this Agreement, Tooth Teller expressly disclaims to the maximum extent permitted by law: (i) any and all liability related to the Online Services involving “Content,” as defined in the ONLINE SERVICES AND CONTENT section below, which belongs to Service Provider; (ii) any and all liability related to maintenance or support with respect to the Online Services provided by Service Provider; and (iii) any and all liability related to claims with respect to product liability, intellectual property rights, consumer protection, privacy, or failure to conform to any applicable legal or regulatory requirement involving Service Provider’s conduct or Content.

ONLINE SERVICES AND CONTENT

You acknowledge that content may be made available to you through the Online Services, including, but not limited to, information, comments, data, software (whether applications, scripts, plug-ins, or applets), photographs, graphics, text, sound, images, and other material, including all updates, enhancements, upgrades, or improvements made thereto, such as insights gained through algorithmic or machine leaning models or processes (“Content”). All Content is owned by Tooth Teller, Service Provider, or another third party. Content is protected by copyright laws, trademark laws, other intellectual property laws and treaties, in Canada, the United States, and worldwide, and all rights therein are reserved by their respective owners. You may not reproduce, modify, remove, delete, augment, add to, distribute, publish, publicly display, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly allowed by this Agreement or applicable law (including, without limitation, U.S. copyright, trademark, and patent law). Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable, limited right to access and use the Online Services and the Content thereon solely in connection with your authorized use of the Online Services in accordance with this Agreement.

Your use of the Online Services does not grant or transfer to you any ownership or other rights in the Online Services or Content, and except as expressly provided, nothing herein or within the Online Services shall be construed as conferring on you or any other person any license under any of Tooth Teller’s, Service Provider’s, or any third party’s intellectual property rights. Any rights not expressly granted to you in this Agreement are expressly reserved by Tooth Teller. For greater certainty, you agree that you will not take any action that is inconsistent with Tooth Teller’s ownership of any or all of the Online Services and Content, or with Service Provider’s, or any third party’s ownership of any or all of the Content. You are hereby expressly prohibited from removing any proprietary notice of Tooth Teller, Service Provider, or any third party from any copy of the Online Services or Content.

ONLINE SERVICES DISCLAIMERS

Tooth Teller provides you with access to the Online Services on an “as is” and “as available” basis only, and, to the maximum extent permitted by law, excludes all representations, warranties, conditions, and other terms. Tooth Teller does not warrant that the Online Services or any Content will be uninterrupted or error-free, that defects will be corrected, or that the Online Services or the servers hosting the Online Services will be free of viruses or other harmful components.

The Online Services may be used to facilitate other services such as the provision of healthcare and medical services, none of which are covered by this Agreement. This Agreement applies only to the Online Services, any other services facilitated by the Online Services are not subject to this Agreement. Tooth Teller makes no representation or warranties as to the quality, lawfulness, or merchantability of such other services, which may be subject to other agreements.  

YOUR ACCOUNT

The Online Services, or certain features and/or portions of the Online Services may be password-protected and may require you to complete a registration process to obtain access. When registering to use any such features and/or portions of the Online Services, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information if it changes. If you do not provide complete and accurate information about yourself or timely update such information, or if we have reasonable grounds to suspect that you have not provided complete and accurate information about yourself or timely updated such information, we shall have the right, in our sole and absolute discretion, to disable your username and/or password and prevent you from using the Online Services, or any features or portions of the Online Services. You agree to be responsible for: (i) the accuracy of all information that you provide to us; (ii) maintaining the confidentiality and security of any passwords or other account identifiers that you choose or that are otherwise assigned to you; and (iii) all activities that occur under such password(s) or account(s). It is your responsibility to keep your username and any password that you register or that is provided to you confidential and secure. If your username or password is used without your consent or you discover any other breach of security, you agree to immediately notify Tooth Teller or the appropriate Service Provider. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us. You are solely responsible for all activities which occur under your user account.

Restrictions

You agree as a condition of using the Online Services, that you will not yourself, or cause any others to, do any of the following:

  • use, copy, modify, download, publicly display, distribute or transfer the Online Services or any component of the Online Services (including, without limitation, the Content), in whole or in part, except as expressly provided in this Agreement;
  • (i) reverse engineer, disassemble, decompile, or translate the Online Services; (ii) attempt to derive the source code of the Online Services; (iii) create any derivative work from the Online Services; and/or (iv) authorize or assist any third party to do any of the foregoing.
  • remove or alter any proprietary notice or legend regarding Tooth Teller’s, or any third party’s, proprietary rights in the Online Services;
  • use the Online Services except in accordance with applicable laws and regulations; and/or
  • use the Online Services: (i) in any manner that violates any applicable federal, state, local or international law or regulation; (ii) to defraud any third party; (iii) to transmit any advertising or promotional material; (iv) to impersonate or attempt to impersonate another person or entity, including, without limitation, Tooth Teller or any Tooth Teller employee; (v) to distribute obscene or other unlawful materials or information; (vi) to engage in any conduct that restricts or inhibits other user’s use of the Online Services, or which, as determined by us, may harm Tooth Teller or users of the Services or expose us or them to liability, including, without limitation, engage in a denial-of-service attack or a distributed denial-of-service attack; (vii) use any device or software or upload or transmit any software, including, without limitation, any viruses, trojan horses, worms, logic bombs or other malicious code, that interferes with the Online Services or is used to monitor or copy any of the Content on the Services Collect or store personal data about other users; (viii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Online Services, or any computer hardware or software used to provide or connected to the Online Services; (ix) create user accounts by automated means or under false or fraudulent pretenses; and/or (x) to disseminate or encourage conduct that could constitute a criminal offence or give rise to civil liability.

USER FEEDBACK, COMMENTS, AND/OR CONTRIBUTIONS

The Online Services may allow or contain user review and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”). “User Contributions” do not include any individual’s personal data, personal health information or financial information.

All User Contributions must comply with the conditions, obligations and terms of this Agreement. User Contributions should not include any information that can be used to identify you.

User Contribution are non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates, customers, and service providers, and each of their and our respective licensees, successors and assigns, a non-exclusive, irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, process, store, reproduce, modify, publicly perform, publicly display, distribute and otherwise disclose to third parties any such material for any purpose and to make adapt, edit, translate, prepare derivative works of, or incorporate into other works, your User Contribution.

You represent and warrant that:

  • You own or have the right to grant the license set forth above.
  • The User Contributions comply with these Terms of Use, including, without limitation, the following: (i) will not contain any material which is false, misleading, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) infringes or violates the rights of another person or entity, including, without limitation, infringes or violates the rights of publicity and privacy of any other person or violates any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity; (iii) will not comprise any material that is pornographic or encourages or promotes violence, illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iv) impersonates any person or entity, or misrepresents your identity or affiliation with any person or entity; (v) promotes contests, sweepstakes and other regulated sales promotions;
  • You understand and acknowledge that you are solely responsible for any User Contributions you submit or User Contributions submitted using your account.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Online Services.  To the extent any User Contributions violates the conditions, obligations and terms of this Agreement, Tooth Teller has the right, but not the obligation, to do any or all of the following:

  • Not post or remove any User Contribution;
  • Disclose information Tooth Teller has about you, including, without limitation, your identity to any third party who claims that material posted by you violates their rights;
  • Contacting and cooperating with law enforcement for any illegal or unauthorized use of the Online Services, or taking any other available legal action; and
  • Disabling, suspending or terminating your access to use the Online Services without notice and without any liability to you.

If your right to use the Online Services is terminated hereunder, then you agree not to use or attempt to use the Online Services. 

COPYRIGHT INFRINGEMENT NOTICES AND TAKEDOWN PROCESS

Tooth Teller is committed to complying with United States copyright law, the Digital Millennium Copyright Act of 1998 (“DMCA”), and related laws, and requires all customers and users of the Online Services to comply with these laws.  Accordingly, users may not store any material or content on, or access, share or disseminate any material or content over, the Online Services (or any part of the Online Services) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under U.S. copyright law. Your failure, or others’ failure, to comply with this requirement will result in the suspension or termination of your accounts with the Online Services.

Copyright owners may report alleged infringements of their works by sending Tooth Teller’s designated agent a notification of claimed infringement that satisfies the requirements of the DMCA to DMCA Notification at dmca@www.toothteller.com. Upon Tooth Teller’s receipt of a satisfactory notice of claimed infringement, if Tooth Teller has sufficient information to identify the user or customer, we will notify the user or customer of the alleged infringement. Repeat infringement will result in the termination of the user’s or customer’s accounts with the Online Services. If the alleged infringing material is hosted on our domain, the material will be removed or access to the material will be disabled. No personal customer information is shared with copyright owners unless required by law.

If you receive a DMCA notification of alleged infringement as described above, and you believe in good faith that there has been a mistake and no infringement has occurred, then you may contact Tooth Teller at internet support at dmca@www.toothteller.com. All counter notifications involving material hosted on Tooth Teller’s domain that has been removed or blocked must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act and must include the following information: (i) a physical or electronic signature (including but not limited to a typewritten full name) of the copyright owner or a person authorized to act on the owner’s behalf; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the notification of claimed infringement will suffice); (iii) a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your contact information, including your address, telephone number, and (if available) an email address and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, the U.S. District Court for the District of Delaware, and that you will accept service of process from the person or entity that provided the notification of claimed infringement or that person’s or entity’s agent. Upon Tooth Teller’s receipt of a counter notification that satisfies the requirements of the DMCA, Tooth Teller will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that Tooth Teller will not be a party to any disputes or lawsuits regarding alleged copyright infringement. Counter notifications should be sent to:

Dental Card Services Alliance, LLC
DMCA Counter Notification
15 Front Light Walk
Daufuskie Island, South Carolina 29915

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ONLINE SERVICES AND CONTENT (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, CONDITIONS, OR WARRANTIES WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE ONLINE SERVICES AND CONTENT RESIDES WITH YOU. TOOTH TELLER EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND DATA ACCURACY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TOOTH TELLER MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE ONLINE SERVICES WILL BE COMPATIBLE WITH YOUR DEVICE AND SOFTWARE; (II) THE ONLINE SERVICES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE ONLINE SERVICES, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS, OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE ONLINE SERVICES WILL BE SECURE; (V) THE USE OF THE ONLINE SERVICES WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE ONLINE SERVICES WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE, SOFTWARE, OR ELECTRONIC FILES.

ANY AND ALL INFORMATION CONTAINED ON OR WITHIN THE ONLINE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD.

THE ONLINE SERVICES ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE ONLINE SERVICES AND THE INFORMATION OFFERED THROUGH THEM ARE NOT OFFERED TO ANYONE IN ANY JURISDICTION IN WHICH SUCH AN OFFER CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE SUCH AN OFFER.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOOTH TELLER OR ITS THIRD-PARTY SUPPLIERS AND VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS), WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ONLINE SERVICES AND RELATED DATA, INCLUDING WITHOUT LIMITATION ANY DELAY OR INABILITY TO USE THE ONLINE SERVICES OR RELATED DATA, PRODUCTS, MATERIALS, OR OTHER RESOURCES PROVIDED THROUGH THE SERVICES; THE USE OF YOUR ACCOUNT OR ACCOUNT CREDENTIALS; OR ANY DISCLOSURE OF YOUR INFORMATION MADE AT YOUR DIRECTION AND WITH YOUR APPROVAL, OR ANY UNAUTHORIZED ACCESS TO, USE, OR DISCLOSURE OF INFORMATION THAT TAKES PLACE IN CONNECTION WITH YOUR ACCOUNT CREDENTIALS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, AND THE ONLINE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS CLAUSE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Tooth Teller, its affiliated companies, and their employees, contractors, officers, and directors, and Service Providers from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses that arise from your use or misuse of the Online Services, violation of this Agreement, or violation of any rights of a third party. Tooth Teller reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall pay directly or reimburse Tooth Teller for the costs of such defense and you will cooperate in asserting any available defenses.

PRIVACY POLICY

Please read the Tooth Teller Privacy Policy (“Privacy Policy”) carefully to understand how Tooth Teller collects, uses, and discloses information, including personally identifiable information. We may revise and update the Privacy Policy from time to time in our sole discretion. All changes are effective immediately when we post them and apply to our collection, use, and disclosure of information thereafter. You acknowledge and agree that the Privacy Policy is incorporated by reference into this Agreement, and it is your responsibility to review the Privacy Policy when accessing or using the Online Services so that you are aware of any changes.

GOVERNING LAW; JURY TRIAL AND CLASS ACTION WAIVER

This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Online Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree (and for consolidated arbitration as provided above), no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

WAIVER

Tooth Teller’s failure to insist upon strict enforcement of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any such provision or right. Any waiver by Tooth Teller of any right or provision herein shall only be by a writing signed by an authorized officer of Tooth Teller.

TERMINATION

If you breach any provision of this Agreement, you may no longer use the Online Services. We may, in our sole discretion, change, suspend, or terminate, temporarily or permanently, the Online Services or any part thereof or any features at any time, for any reason, without any notice or liability to you or any other entity. If your permission to use the Online Services is terminated by us for any reason, this Agreement will nevertheless continue to apply and be binding upon you with respect to your prior use of the Online Services and anything relating to or arising from such use. If you are dissatisfied with the Online Services, your sole and exclusive remedy is to discontinue using the Online Services.

ONLINE SERVICES CONTROLLED FROM UNITED STATES

Our Online Services are operated from the United States. We make no representation that content or materials in the Online Services are appropriate or available for use in other jurisdictions. Access to any of the Online Services from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Online Services from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.

You acknowledge that the Online Services, Content, information, and the underlying technology may be subject to applicable export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Online Services, Content, information, and the underlying technology, as well as end-user, end use, and destination restrictions issued by the United States, and other governments. By downloading or using the Online Services, you agree to the foregoing and you represent, warrant and covenant that you are not located in, under the control of, or a national or a resident of any country identified in any applicable legislation, regulation, deny order or prohibition list issued by any governmental or regulatory body, and that you will otherwise comply with all applicable export control laws.

EXPORT CONTROLS

You acknowledge that the Online Services, Content, information, and the underlying technology may be subject to applicable export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Online Services, Content, information, and the underlying technology, as well as end-user, end use, and destination restrictions issued by the United States, and other governments. By downloading or using the Online Services, you agree to the foregoing, and you represent, warrant, and covenant that you are not located in, under the control of, or a national or a resident of any country identified in any applicable legislation, regulation, deny order or prohibition list issued by any governmental or regulatory body, and that you will otherwise comply with all applicable export control laws.

ASSIGNMENT

Tooth Teller may assign the Terms of Use or any or all of its rights and/or obligations under these Terms of Use at any time with no notice to you. You may not assign, transfer, or sublicense these Terms of Use or any of your rights and/or obligations under these Terms of Use and any attempt to do so in violation of this section will be null and void.

SEVERABILITY AND ENTIRE AGREEMENT

If any provision of this Agreement is found by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.

This Agreement constitutes the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding, or agreement between us relating to your use of the Online Services.